Maxwell v. Walker
- Laura Swain
- 1:22-cv-06552
- U.S. District Court · Southern District of New York
- 2
In Maxwell v. Walker, Judge Swain ordered pro se petitioner Maxwell to pay a $5 fee or submit an application to proceed without prepaying fees within 30 days.
Randolph Maxwell, who must pay the filing fee or submit a signed application to proceed without prepaying fees within 30 days to avoid dismissal of the action.
What happened
In Maxwell v. Walker, Randolph Maxwell filed a petition for a court order addressing his custody without a lawyer. He did not pay the required filing fee or submit an application to proceed without paying it upfront.
The court gave Maxwell 30 days to pay the $5 filing fee or submit a signed application to proceed without prepaying fees. The court said no response from the warden was required at that time. If Maxwell complies, the case will proceed through the court clerk’s procedures; if he does not, the action will be dismissed.
Judge Laura Taylor Swain also denied permission to proceed without prepaying fees for any appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Maxwell v. Walker · No. 1:22-cv-06552
- Laura Swain
- Aug. 2, 2022
Background
Randolph Maxwell, proceeding without a lawyer, filed a petition for a writ of habeas corpus, meaning a request for judicial review of the legality of his custody. The opinion identifies S. Walker as the warden at R.N.D.C. C-74. Maxwell submitted the petition without paying the $5 filing fee and without submitting an application to proceed in forma pauperis (IFP), which is permission to proceed without prepaying court fees.
Court’s Order
The court ordered Maxwell, within 30 days of the order, to either pay the $5 filing fee or complete and submit the attached signed IFP application. The application was to include docket number 22-CV-6552 (LTS). The court explained that, if it grants the application, Maxwell may proceed without prepaying fees.
The court stated that no answer from the respondent was required at that time. If Maxwell complies with the order, the case will be processed under the procedures of the Clerk’s Office. If he does not comply within the permitted time, the action will be dismissed.
Appeal-Fee Ruling and Disposition
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Laura Taylor Swain therefore issued an order directing payment of the filing fee or submission of an IFP application; the opinion did not decide the substance of Maxwell’s habeas petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.